- Court of Appeals of Texas, First District
- HARVEY BROWN JUSTICE
Appellee purchased real property sold at a foreclosure sale after the original owners of the property, who subsequently assigned their rights to appellant, defaulted on their mortgage. After the owners refused to vacate the property, appellee filed a forcible detainer action to remove them. The trial court issued an order granting summary judgment for appellee and granting a writ of possession of the property. There are at least two rights at issue when a mortgagee defaults on his financial obligations: a right to title to the property and a right to possession. The justice court's determination "of possession in a forcible detainer action is a determination only of the right to immediate possession of the premises[.]" Appellee needed to demonstrate a superior right to immediate possession by establishing that: (1) it has a landlord-tenant relationship with the borrower; (3) it purchased the property at foreclosure; (3) it gave proper notice to the occupants to vacate; and (4) the occupants refused to vacate. Appellant challenged the first and third elements on appeal. Here, a deed of trust between the parties created a landlord-tenant relationship between the purchaser at the foreclosure and appellant. Further, appellee mailed notice to appellant via both certified mail with return receipt requested and first-class mail, both notices were properly address and there was no evidence that the first-class-mail envelope was not delivered to the premises. Accordingly, appellee satisfied that it had superior right to the property and the trial court's judgment was affirmed.
Trimble v. Federal National Mortgage Association, Houston 1st Court of Appeals, Case No.: 01-15-00921-CV, 12/20/2016
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